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Inmate gets additional time in assault case

March 21, 2011|By DON AINES | dona@herald-mail.com

HAGERSTOWN — Eugene Powell added another year and a day to his time in state prison Monday in Washington County Court, an accumulation of time that has more to do with his activities since being incarcerated than his original conviction for possession with intent to distribute marijuana.

Powell, 37, was sentenced Monday by Judge Donald E. Beachley after pleading guilty to second-degree assault against a correctional officer. He spit in the face of a correctional officer at Roxbury Correctional Institution on Feb. 26, 2010, according to a reading of the statement of facts by Assistant District Attorney Gina Cirincion.

In 2006, Powell was charged with possession with intent to distribute marijuana and was found guilty on May 31, 2007, and sentenced to 4 1/2 years in state prison, according to court records.

Powell also had an indictment for distribution of fake cocaine dated July 13, 2006, for which he was found not guilty by a jury on March 20, 2007, court records said.

However, on Dec. 28, 2006, Powell appeared before Judge John H. McDowell for a hearing, during which he requested that the assistant public defender representing him be dismissed, court records said.

McDowell denied Powell’s request and he called the judge, among other things, a “cracker,” court documents said. The judge found Powell in contempt of court and sentenced him to six months, court documents said.

As Powell was being escorted from the courtroom, he swung his elbows and arms, and kicked at the deputies and had to be subdued by several police officers, court documents said.

On Aug. 27, 2007, he was found guilty by a jury of second-degree assault and disorderly conduct, and sentenced to four more years in prison, court records said.

Assistant Public Defender Carl Somerlock told Beachley that Powell lost accumulated “good time” of more than 200 days and was placed in segregation as a result of the spitting incident.

There were no courtroom disruptions Monday during Powell’s plea and sentencing.

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